Proposed Rule2026-05606
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Louisiana; Control of Emissions From Existing Other Solid Waste Incineration Units
Primary source
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Published
March 23, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is notifying the public that we have received a CAA section 111(d)/129 negative declaration from Louisiana for existing incinerators subject to the Other Solid Waste Incineration units (OSWI) Emission Guidelines (EG). This negative declaration certifies that existing incinerators subject to the OSWI EG and the requirements of sections 111(d) and 129 of the CAA do not exist within specified jurisdictions in Louisiana. The EPA is proposing to accept the negative declaration and amend the agency regulations in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 55 (Monday, March 23, 2026)</title>
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[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Proposed Rules]
[Pages 13802-13804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05606]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2026-0233; FRL-13256-01-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Louisiana; Control of Emissions
From Existing Other Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is notifying the public that we
have received a CAA section 111(d)/129 negative declaration from
Louisiana for existing incinerators subject to the Other Solid Waste
Incineration units (OSWI) Emission Guidelines (EG). This negative
declaration certifies that existing incinerators subject to the OSWI EG
and the requirements of sections 111(d) and 129 of the CAA do not exist
within specified jurisdictions in Louisiana. The EPA is proposing to
accept the negative declaration and amend the agency regulations in
accordance with the requirements of the CAA.
DATES: Written comments must be received on or before April 22, 2026.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2026-0233, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
Kevin Kim, (214) 665-8554, <a href="/cdn-cgi/l/email-protection#076c6e6a296c62716e694762776629606871"><span class="__cf_email__" data-cfemail="701b191d5e1b1506191e301500115e171f06">[email protected]</span></a>. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://
www.epa.gov/dockets/commenting-epa-
[[Page 13803]]
dockets. Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Kevin Kim, EPA Region 6 Office, Air
and Radiation Division--State Planning and Implementation Branch, (214)
665-6530, <a href="/cdn-cgi/l/email-protection#2d4644400346485b44436d485d4c034a425b"><span class="__cf_email__" data-cfemail="afc4c6c281c4cad9c6c1efcadfce81c8c0d9">[email protected]</span></a>. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. Clean Air Act Sections 111(d) and 129
Sections 111(d) and 129 of the CAA require states to submit plans
to control certain pollutants (designated pollutants) at existing solid
waste combustor facilities (designated facilities) whenever standards
of performance have been established under CAA section 111(b) for new
sources of the same type, and the EPA has established emission
guidelines for such existing sources. CAA section 129 directs the EPA
to establish standards of performance for new sources (NSPS) and
emissions guidelines (EG) for existing sources for each category of
solid waste incineration unit. Under CAA section 129, NSPS and EG must
contain numerical emissions limitations for particulate matter, opacity
(as appropriate), sulfur dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and
dibenzofurans. While NSPS are directly applicable to affected
facilities, EG for existing units are intended for states to use to
develop a state plan to submit to the EPA. Once approved by the EPA,
the state plan becomes federally enforceable. If a state does not
submit an approvable state plan to the EPA, the EPA is responsible for
developing, implementing, and enforcing a Federal plan.
The regulations at 40 CFR part 60, subpart B, contain general
provisions applicable to the adoption and submittal of state plans for
controlling designated pollutants. Additionally, 40 CFR part 62,
subpart A, provides the procedural framework by which EPA will approve
or disapprove such plans submitted by a state. When existing designated
facilities are located in a state, the state must then develop and
submit a plan for the control of the designated pollutant. However, 40
CFR 60.23(b) and 62.06 provide that if there are no existing sources of
the designated pollutant in a state, the state may submit a letter of
certification to that effect (i.e., negative declaration) in lieu of a
plan. The negative declaration exempts the state from the requirements
of subpart B that require the submittal of a CAA section 111(d)/129
plan.
B. Other Solid Waste Incineration Units Emission Guidelines
EPA promulgated the OSWI NSPS and EG on December 16, 2005, codified
at 40 CFR part 60, subparts EEEE and FFFF, respectively (70 FR 74870).
Thus, states were required to submit plans for incinerators subject to
the OSWI EG pursuant to sections 111(d) and 129 of the Act and 40 CFR
part 60, subpart B. Under the 2005 OSWI EG, the designated facilities
to which the OSWI EG apply were existing incinerators \1\ subject to
the OSWI EG that commenced construction on or before December 9, 2004,
and were not modified or reconstructed on or after June 16, 2006, as
specified in 40 CFR 60.2991 and 60.2992, with limited exceptions as
provided under 40 CFR 60.2993. EPA finalized revisions to the OSWI EG
and NSPS on April 17, 2024 (89 FR 27392), removing the title V
permitting requirements for air curtain incinerators (ACIs) that only
burn wood waste, clean lumber, yard waste, or a mixture of those, and
are not located at title V major sources or subject to title V for
other reasons. Technical corrections addressing inadvertent errors in
the regulatory text amended the rule on November 14, 2024 (89 FR
89928).
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\1\ These incinerators include both OSWI and air curtain
incinerators (ACI). The ACI that are subject to the OSWI EG at 40
CFR part 60, subpart FFFF, are those ACI that may not fit the
definition of an ``OSWI'' under the OSWI EG due to burning certain
types of wastes. See 40 CFR 60.2994(b) and 60.3078.
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On June 30, 2025 (90 FR 27910), the EPA finalized a comprehensive
periodic review of and revisions to the OSWI NSPS and EG. These
revisions include applicability-related and definitional changes as
well as changes to OSWI subcategories and the standards for the new
subcategories. Under the 2025 OSWI EG, the applicability of designated
facilities to which the OSWI EG apply was revised to include existing
incinerators that commenced construction on or before August 31,
2020.\2\ The 2025 OSWI EG also included new subcategories of less than
or equal to 10 tons per day (TPD) and greater than 10 TPD for existing
categories of OSWI (institutional waste incinerator units (IWI) and
very small municipal waste combustion unit (VSMWC)).\3\
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\2\ As specified in 40 CFR 60.2991 and 60.2992, with limited
exceptions as provided under 40 CFR 60.2993.
\3\ See 40 CFR 60.3022 and 40 CFR part 60 subpart FFFF, tables 2
and 2a.
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C. Negative Declarations From Louisiana
In order to fulfill obligations under CAA sections 111(d) and 129,
the Louisiana Department of Environmental Quality (LDEQ) submitted
negative declarations for incinerators subject to the OSWI EG for its
air pollution control jurisdiction. The submittal of these negative
declarations exempts Louisiana from the requirement to submit a state
plan for incinerators subject to the OSWI EG under 40 CFR part 60,
subpart FFFF.
On November 24, 2020, LDEQ submitted a negative declaration for the
2005 OSWI EG under 40 CFR part 60, subpart FFFF. We accepted that
negative declaration and amended the CFR accordingly in a Federal
Register final rule published on April 30, 2021 (86 FR 22875).
Revisions to the OSWI EG in 2025 changed the applicability and
requirements of designated facilities, which necessitated the
submission of new state plans or negative declarations to EPA. LDEQ
submitted a new OSWI negative declaration letter to the EPA on November
4, 2025, to address 2025 OSWI EG requirements.\4\ In that letter, the
LDEQ certified that there are no sources subject to the current OSWI
EG, as revised in 2025, in accordance with CAA sections 111(d) and 129
requirements in its individual air pollution control jurisdiction in
Louisiana. A copy of LDEQ's negative declaration letter is included in
the docket for this proposed rulemaking.
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\4\ The Louisiana negative declaration letter for incinerators
subject to the OSWI EG does not cover sources located in Indian
country.
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II. Proposed Action
The EPA is proposing to amend 40 CFR part 62, subpart T, to reflect
receipt of the negative declaration letter from LDEQ, submitted on
November 4, 2025, certifying that there are no existing incinerators
subject to the OSWI EG at 40 CFR part 60, subpart FFFF, under the
specified jurisdictions of Louisiana in accordance with 40 CFR 60.2982,
40 CFR 60.23(b), 40 CFR 62.06, and sections 111(d) and 129 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section
[[Page 13804]]
111(d)/129 submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429; 40
CFR part 60, subparts B and FFFF; and 40 CFR part 62, subpart A. Thus,
in reviewing CAA section 111(d)/129 state plan submissions, EPA's role
is to approve state choices, provided that they meet the criteria of
the Act and implementing regulations. Accordingly, this action merely
proposes to accept a CAA section 111(d)/129 negative declaration from a
state and does not impose additional requirements. For that reason:
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore
not subject to a requirement for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action is certified to not have a significant economic impact
on a substantial number of small entities under the RFA (5 U.S.C. 601
et seq.). This action will approve a state plan pursuant to CAA section
111(d)/129 and will therefore have no net regulatory burden for all
directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local, or Tribal Governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will not apply to areas of Indian country within the
State and therefore does not have tribal implications as specified in
E.O. 13175 (65 FR 67249, November 9, 2000). This action will neither
impose substantial direct compliance costs on federally recognized
Tribal Governments, nor preempt Tribal law. This action will not impose
substantial direct compliance costs on federally recognized Tribal
Governments because no actions will be required of Tribal Governments.
This action will also not preempt Tribal law as no State tribe
implements a regulatory program under the CAA and thus does not have
applicable or related Tribal laws.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definitions of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a state program.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution and Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. This action
is not subject to requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the Clean Air Act.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 11, 2026.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2026-05606 Filed 3-20-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 23, 2026.
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